our loving subjects in the country called Virginia," is the following: "And moreover wee do hereby ordaine and establish for us, our heirs and successors, that all the lands, tenements, and hereditaments, to be had and enjoyed by any of our subjects within the precincts aforesaid, shal be had and inherited and injoyed according as in the like estates they be had and enjoyed by the lawes within this realme of England." It was in December, 1606, that the adventurers who were to find a new home beyond the Atlantic, Captain John Smith among the number, set sail from England for Virginia, and late in the following season landed upon the banks of the James River, selected a site for the colony, and proceeded to take measures for the establishment of the infant commonwealth. At that time there were but two settlements of whites along the whole extent of our shores, that of the Spaniards at St. Augustine, away in the extreme southwest, and a small colony of the French, who had landed at Port Royal some two years before. The remainder of the continent was a wide-spread wilderness. 3. It was but natural that the colonists should bring with them many of the laws and customs of the mother country. It needed not "Articles and Instructions" from the king to secure this result; and it would have been difficult for him, even by an arbitrary exercise of the powers reserved in the charter, if he had been so disposed, to entirely defeat the wishes and inclinations of the colonists in this respect. As their ancestors, upon the banks of the Runingmede, had not been unmindful of the widow and the orphan, so we find, among the ancient records of the colony, unmistakable evidence that the same thoughtful regard and provident care for the dependence of the one, and the helplessness of the other, were manifested by the men who had taken up their abode in the forest, upon the banks of the James River, three thousand miles from the land of their birth. But a little more than twenty years from the time the vessels of the emigrants first. sailed along the James River-some fourteen years only after the gentle Pocahontas exchanged marriage vows with John Rolfe, and about seven years from the time the Pilgrim Fathers landed at Plymouth Rock-the right of a widow to dower in the lands of her deceased husband was distinctly recognised, 1 Nov. 20, 1606; MS. record book in the Register's Office, Va., Book No. 2. p. 1; 1 Hen. Stat. at Large, 67, 69. in the exercise of their judicial functions, by the "Governor and Council of Virginia." The following entry, taken from some loose manuscript sheets found among the acts of the General Assembly of the period to which they relate, will verify the truth of this observation: A court at James citty the 16th Nov., 1627. Capt. ffrancis West, Esq., Governor, &c. Doct. Pott, Mr. Persey, Capt. Smith, Mr. Secretary, Capt. Matthewes, Capt. Tucker, Mr. ffarrar. At this court the lady Temperance Yeardley came and did fully and absolutely confirm, as much as in her lay, the conveyance made by her late husband, Sir George Yeardley, knt., late Governor, deceased, unto Abraham Persey, Esq., for the lands of Flowerdieu Hundred, being one thousand acres, and of Weandoke on the opposite side of the water, being 2200 acres. And the said lady, Temperance Yeardley, did then altogether absolutely disclaime and release unto the said Abraham Persey, all her right, interest and claime, in all and every part of the said lands, to herself anyways being and appertaining, either by way of dower or thirds.1 The next notice of the right of dower we have is the following, from which it appears that it was not always restricted to one-third of the husband's estate: Streeter v. Burbage's heir. In the difference between Capt. Streeter who married Mrs. Burbage, the relict of Capt. Thomas Burbage, It is ordered, That the plantation of the said Burbage att Nansemund be equally divided in quantity and quality both land and houseing, and all other lands of the said Burbage be divided according to quantity and quality as aforesaid, into thirds by a jury upon the place; of both which, being soe devided, the said Streeter's wife is to chuse which half of the plantation att Nanzemund, and which thirds of the other land she pleaseth to enjoy ; the same only for her life; and Wm. Burbage to take the remainder as heir at lawe, the charges of those divisions to be bearen according to each others proportions.2 4. Although, as above shown, the right of dower appears to have been recognized by the judicial authorities, there was no express enactment on the subject until the meeting of the "Grand Assembly at James City," in September, 1664, at which time the following law was passed : Act VII. An act concerning Widdows thirds. Whereas, some doubts have risen about the proportioning and assigning the thirds of the estates of persons intestate to their widdows, It is, for explanation. enacted by this grand assembly and the authority thereof, that the estate of all persons intestate, or where the will is doubtfull, whether personall or reall, vizt.. land cleered, or wood land, and houseing, may be, according to the quantity 11 Hen. Stat. at Large, 145, note. 2 Public orders of Assembly, March 24th, 1655; 1 Hen. Stat. at Large, 405. and quality of the said land and houseing, divided equally into thirds, and the widdow to have her choice after the division.1 Thus stood the law in Virginia until 1673. Subsequently, "att a Grand Assembly holden at James city," on the 20th of October, 1763, "to the glory of Almighty God, and publique. Weale of this, his Majestie's Colony of Virginia, were enacted as followeth :" Act I. An act for establishing the dowers of Widdows. Whereas, many doubts have arisen concerning the estates of persons dying intestate, and of what parte thereof ought to appertaine to the widdow; for the clearing whereof, Be it enacted by the governor, councell and burgesses of the grand assembly, and the authority thereof, that where persons dye intestate, the widdow shal be endowed with the third part of the real estate to bee equally divided as to housing, ffenced grounds, orchards, woods, and other valuable conveniences, dureing her natural life, and the third part of the personal estate, if there be but one or two children, but if there be any nunber of children more, how many soever, in that case the personall estate to be devided amongst the widdow and all the children, share and share alike; and in case the husband make a will, that he hath it in his power to devise more to his wife than what is above determined, but not lesse." 5. An act passed at the session of October, 1705, provided that the widow of an intestate should be endowed of one full equal third part of the lands of her deceased husband "in manner as is directed and prescribed by the laws and constitutions. of the kingdom of England." It also gave her the right to continue in the mansion house of her husband, and the messuage thereto belonging, free of charge, until her dower was assigned. But in case a jointure was settled upon her in the lifetime of her husband, such "as by law doth barr her of her dower," she was restricted thereto.3 This statute was substantially re-enacted at the session of 1748. At the sessions of October, 1705, and February, 1727, acts were passed relating to dower in slaves, and the remedy of the widow in such cases. A similar statute was passed in 1748. Chapter I. of the acts of the same session directs the mode of relinquishment of dower by femes covert." The subsequent legislation, commencing with the session of October, 1785, in which dower in equitable estates was first pro 1 2 Hen. Stat. at Large, 212. 3 3 Hen. Stat. at Large, 374, 22 8, 9. 45 Hen. Stat. at Large, 448, 2? 14, 15. 5 2 2 Hen. Stat. at Large, 303. 53 Hen. Stat. at Large, 334, 335, 22 9, 10, 11; 4 Hen. Stat. at Large, 227, 18. 65 Hen. Stat. at Large, 445, 446, 22 5-8. 75 Hen. Stat. at Large, 410, 411, ?? 5-8. vided for, will be noticed, under appropriate heads, in the en suing pages. 6. Massachusetts.-The earliest law in Massachusetts, conferring the right of dower, is the colony act of 1641,' which reads as follows: Forasmuch as no provision hath been made for any certain maintenance of wives after the decease of their husbands: It is ordered by this court, and the authority thereof, that every married woman (living with her husband in this jurisdiction, or other where absent from him with his consent, or through his mere default, or inevitable providence, or in case of divorce where she is the innocent party), that shall not, before marriage, be estated by way of jointure, in some houses, lands, tenements, or other hereditaments for term of life, shall, immediately after the death of her husband, have right and interest, by way of dowry, in and to one third part of all such houses, lands, tenements, and hereditaments, as her husband was seised of to his own use, either in possession, reversion or remainder, in any estate of inheritance (or frank tenement not then determined), at any time during the marriage, to have and enjoy for the term of her natural life, according to the estate of such husband, free and fully discharged of and from all titles, debts, rents, charges, judgments, executions, and other incumbrances whatsoever, had, made, or suffered by her husband during the said marriage between them, or by any other person claiming by, from, or under him, or otherwise than by some act or consent of such wife, signified by writing under her hand, and acknowledged before some magistrate, or others, authorized thereunto, which shall bar her from any right or interest in such estate. And if the heir of the husband, or other person interested, shall not, within one month after lawful demand made, assign and set out to such widow her just third part with conveniency, or to her satisfaction according to the intent of this law, then upon a writ of dowry in the court of that shire where the said houses, lands, tenements, or other hereditaments shall lie, or in the court of assistants, if the same lie in several shires, her third part or dowry shall be assigned her, to be set out in several by metes and bounds, by such persons as the same court shall appoint for that purpose, with all costs and damages sustained; provided, always, this law shall not extend to any houses, lands, tenements or other hereditaments sold or conveyed away by any husband, bona fide, for valuable consideration before the last of November, one thousand six hundred and forty-seven. Provided, also, that every such widow so endowed as aforesaid, shall not commit or suffer any strip or waste, but shall maintain all such houses, fences, and inclosures as shall be assigned to her for her dowry, and shall leave the same in good and sufficient reparation in all respects." 11 Washb. Real Prop. 140, note; 4 Dane's Abr. 664; Stearns' Real Act, 279. "An Abstract of the Lawes of New England," as they were then established was published in London in 1641, but prior to the adoption of the act above given. Chapter IV. of the laws thus published regulates the right of descent, but is silent as to any provision for the widow. 3 Force's Hist. Tracts, No. IX. p. 8. It may be remarked in this connection that the Massachusetts colony act of 1641 appears to be the first legislative enactment, on the subject of dower, on this side the Atlantic, the Virginia statute of 1664 being the next in order. 2 Anc. Laws and Char. Mass. Bay, 99. By the terms of the proviso in this act, excepting from its operation lands sold or conveyed by the husband prior to November, 1647, it would seem that anterior to that date the right of dower was not very securely established, otherwise it would have prevailed against a purchaser from the husband alone, notwithstanding the language of the proviso. 7. The Province Law of 1696, which directed the mode of distribution of insolvent estates among creditors, contained a clause securing the right of dower. In 1701 was passed “an act for the speedy and convenient assignment of dower," resembling, in its general features, the statute now in force. A law of 1783 gave to the widow the right to waive the provisions of her husband's will in her favor, and take dower in his estate.3 Another law of the same year declares "that the widow of the deceased shall, in all cases, be entitled to her dower in the real estate (where she shall not have been otherwise endowed before marriage), and to a recovery of the same in manner as the law directs." The right of dower was also protected in equities of redemption taken on attachment or execution against the husband," and also in estates confiscated under the act of 1779; and no deed or mortgage of the husband was to bar the wife's dower unless she joined therein.' In the act regulating descents was a clause securing to the "widow her dower at the common law, unless she be lawfully barred of the same." The foregoing comprehend the material provisions of the laws of Massachusetts respecting dower, down to the revision of 1836. 8. Connecticut.-In the revision of the statutes of Connecticut made in 1672, many of the material portions of the Massachusetts colony act of 16419 were adopted, with one important variation. By the act last mentioned the wife was 1 Anc. Laws and Char. Mass. Bay, 290; incorporated in act of 1784, ch. 2; 1 Laws Mass. 152. 8; Acts of 1783. 4; Laws of 1783. 2 Ibid. p. 359-362; see, also, Acts 1783, ch. 40; 1 Mass. Laws, p. 119. 3 1 Laws of Mass. p. 94, ch. 24, 4 1 Laws of Mass. p. 106, ch. 36, 51 Laws of Mass. 142, ch. 57, 61 Laws of Mass. 51, ch. 50, 71 Laws Mass. 111, ch. 37, 8 2 Laws Mass. 146, ch. 90, 9 Stat. Conn. (1796,) p. 146, Conn. (1821,) p. 180, and note; 276; Comp. Stat. 1854, p. 382. 1; Stat. Conn. (1808,) p. 239, and note; Stat. State Conn. (1838,) p. 188; Rev. Stat. 1849, p. |